IPOD Charger Warning!!!

So go on then, lets see the words you'd use to put this into practice ? Words that will unambiguously catch the likes of eBay and Amazon, but not catch the others who you said are definitely different. As a private landlord, I don't want to be help responsible if one of my tenants starts selling drugs from the house - it's in the tenancy agreement that the property cannot be used for trade, illegal, or immoral activities.

So, lets see the fine words you can come up with to deal with the problem ?

PS - you do know that neither of them is a UK company don't you ? And that under EU legislation, the UK cannot do anything whatsoever to stop a company based in another EU country from trading in the UK.

I'd wager that you can't come up with anything practical - laws like "company X and company Y ..."

Oh yes, and here's another viewpoint. My employer does online shops (amongst other things). It varies by customer, but most will involve us designing the web pages, building the database etc, writing the code to make it all work (and integrating with payment processors), and hosting the whole lot when it's built.
So are you proposing that we also have to go out and check what our customers are selling ?



You own a property, and rent it to a shopkeeper. Shopkeeper sells faulty iPod charger - should the owner of the property be liable ?
No.

But that is not the same as you renting it to someone who YOU KNOW is selling imported electrical items, and who YOU KNOW has rented it from you FOR THE EXPRESS PURPOSE of selling imported electrical items which YOU KNOW may not comply with the legal standards.
Actually, think about it. If I rent the shop to someone selling electrical goods, then in your own words I will know that they are renting it to sell imported electrical goods (there aren't many that aren't imported) and I will also know that the said goods may or may not comply with legal standards. I would hope that if it's a decent customer that all the goods would comply with standards, but there's no guarantee since even big names are sometimes found to ignore the law (seen how many times Apple has been in court for example).

Ditto the market organiser (often the local council) if a market stall trader sells said dodgy iPod charger.
Yes - but that's why they have trading standards people.
No, it's not why they have trading standards people. Now you are showing ignorance of what trading standards do.

I'm not going to respond to any more of your pathetic examples. Can you really cannot see the substantive difference between them and the likes of eBay and Amazon, or are you just pretending to be stupid?
Ah, the usual retort of someone who knows their arguments don't stand up.

Now, lets assume you can come up with some words to make eBay, Amazon, etc liable. How will that work in practice ? All that will happen is that they will make it a condition of using their facilities that what you are selling is lawful etc - oh hang on a minute, they already have such clauses. So the seller already has to agree to Ts&Cs stating that what he's selling is legal - what else can eBay, Amazon etc do ?
They can do their job properly.

If you went into John Lewis, or Currys, or Tesco, or any other retailer of any product or type of product you care to think of you would not expect them to have simply taken the word of some completely anonymous supplier that the goods they were selling you were OK.
No, but lets say they are in (say) the Trafford Centre. I'd expect the retailer to have done done due diligence, but I wouldn't expect the owners/managers of the Trafford Centre to have their own "product police" going round doing random testing etc.

I know that the transaction is not between the purchaser and eBay, or Amazon, but, tough s**t on them if they cannot police their business customers properly, as far as I am concerned they should be held fully responsible.
I look forward to seeing how you are going to write the rules that make them responsible, without doing the usual trick of punishing everyone else for the sins of the few.


You can't expect them to inspect/test goods
Maybe not inspect and test everything, but certainly inspect and test random samples. They are running huge and professional businesses by providing web sales facilities to other businesses, and I absolutely can call for them to carry out the same level of diligence which Sainsbury would do if some random meat factory offered to supply them with sausages.
Can you really cannot see the substantive difference between them and the likes of eBay and Amazon, or are you just pretending to be stupid?
A more realistic analogy would be if Sainsbury allowed someone to open a concession selling sausages under the butcher's own name within their store.

I'm sure it won't, but that does not change the fact that it is an outrage that they are allowed to continue trading because they have Ts'n'Cs which "forbid" these sellers from doing what they do.

Over and over and over again we see that those Ts'n'Cs are utterly useless - serial failures like this would not be tolerated in the physical world and they should not be tolerated in the online one.
Well then, how about going to the authorities with your arguments, and persuade them to clamp down on eBay ? IF it can be shown that they have failed to enforce their Ts&Cs rigorously then there are in fact laws that can hold them liable. I very much doubt that it could be shown. I've certainly heard of people having their accounts frozen (or even removed) for allegedly breaking some rule or other - even though they were not actually selling faulty/dangerous goods or whatever. The same applies to counterfeits - they do police and block sales of goods purporting to be <some famous brand>, over zealously according to some reports I'seen where they've blocked sales of genuine second hand articles.
But that is different to knowing that something is dangerous. Do they just block all sales of electrical items - because that is the only 100% sure way of controlling it ?
 
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I'm afraid that you've totally lost me there. Why is it 'not the same'? Is that not precisiely the position of virtually any landlord of property rented out for use as retail (or even wholesale) premises? The landlord knows that the premises has been rented for the express purpose of selling some classes of goods, but the landlord almost certainly will not know whether all of those goods will comply with applicable laws,standards and regulations (at least some of which apply to very many classes of goods).
No - the analogy there would be a company providing server capacity for website hosting. eBay, Amazon et al do far more then that - providing sales portals, search facilities for customers, accounting data, shipping documentation and payment, payment receiving systems, seller and buyer protection services... Not the equivalent of just taking rent for a property.
You've moved the goalposts. My comments were in response to:
You own a property, and rent it to a shopkeeper. Shopkeeper sells faulty iPod charger - should the owner of the property be liable ?
No. ... But that is not the same as you renting it to someone who YOU KNOW is selling imported electrical items, and who YOU KNOW has rented it from you FOR THE EXPRESS PURPOSE of selling imported electrical items which YOU KNOW may not comply with the legal standards.
... and it now seems that you are conceding that (despite waht you say above) you do "think it is the same as renting a property to ...." but are now saying that you do not think that landlords should be liable.

I think you are merely underlining Simon's point that it would be next-to-impossible to draft (and police) legislation which 'caught' the people you wanted to catch without imposing unreasonable liability on those who didn't deserve such a burden.

Kind Regards, John
 
Just an FYI.
eBay operates out of Luxembourg for EU customers.
And what a surprise, so does Amazon.

So it doesn't matter what UK laws are passed, they don't apply to either of them. You'll need laws passed in Luxembourg, or EU wide to affect them.
 
It might have been better if E-Bay had restricted operation to private sales.

They could reduce the number of counterfeits passing through their system by limiting the number of sales per person per day to a level that makes commercial use no longer profitable.

For the counterfeiting criminals the profit margin on the reduced sales would still be large but at least the quantity of dangerous items reching the UK through E-Bay would be reduced.

The root problem is buyers who want to buy at cut prices, there is a need to sucessfully and effectively educate the general public that cheap price equates to poor quality products with significant risk of failure, damage, injury or death. Maybe use some graphic images of the harm that counterfeit items have caused.
 
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Just an FYI. eBay operates out of Luxembourg for EU customers. And what a surprise, so does Amazon. So it doesn't matter what UK laws are passed, they don't apply to either of them. You'll need laws passed in Luxembourg, or EU wide to affect them.
Yes, I realise all that. I imagine that, were it possible to draft practical legislation (which you and I seriously doubt), BAS would probably favour EU-wide legislation (if not world-wide :) ). I don't think that either of us doubt his good intentions, and even he seems to recognise that what he would like is not going to happen any time soon, if ever.

As I understand it (maybe incorrectly), it is already unlawful to import electrical goods into the EU which do not comply with relevant EU standards/regulations. If that is the case, then proper policing of that legislation would theoretically be all that would be needed. I'm not suggesting that it would be easy or practical to achieve anything approaching '100% policing', but I don;t think this is any less practical an approach than what BAS is suggesting.

Kind Regards, John
 
It might have been better if E-Bay had restricted operation to private sales. They could reduce the number of counterfeits passing through their system by limiting the number of sales per person per day to a level that makes commercial use no longer profitable.
That's often suggested, but I'm not sure how watertight it could be made. 'Commercial operations' might metamorphosise overnight into thousands of apparently #private sellers' - and there is no lack of people in China!
The root problem is buyers who want to buy at cut prices, there is a need to sucessfully and effectively educate the general public that cheap price equates to poor quality products with significant risk of failure, damage, injury or death. Maybe use some graphic images of the harm that counterfeit items have caused.
I agree in principle. One problem is that traditional middle-man and retailer margins on some legitimate products became so high (particularly for 'top end' products) that there was/is a lot of scope for large genuine reductions in the price of legitimate goods to end-users - and one probably wouldn't want to change things such that the public was denied such genuine 'bargains'. I have little sympathy for those who buy ridiculous cheap products and 'get what they deserve', and I'm even uncertain as to how far the Nanny State should protect people from such studpidity - provided that people are adequately educated/informed (in the manner you suggest), I feel that they should generally remain fairly free to be stupid, and take risks, if they so choose.

Kind Regards, John
 
As I understand it (maybe incorrectly), it is already unlawful to import electrical goods into the EU which do not comply with relevant EU standards/regulations. If that is the case, then proper policing of that legislation would theoretically be all that would be needed. I'm not suggesting that it would be easy or practical to achieve anything approaching '100% policing', but I don;t think this is any less practical an approach than what BAS is suggesting.
Indeed, and once upon a time all it would have needed was a call to Trading Standards. These days TS just don't have the resources (in particular, the money to send items for specialist testing/review as would be needed for evidence to support a prosecution), so they will only tackle "serious" cases. In practice that means small one-man-bands can operate with impunity.



I have little sympathy for those who buy ridiculous cheap products and 'get what they deserve', and I'm even uncertain as to how far the Nanny State should protect people from such studpidity - provided that people are adequately educated/informed (in the manner you suggest), I feel that they should generally remain fairly free to be stupid, and take risks, if they so choose.
I generally agree, however in many cases the average consumer doesn't have the skills or knowledge to work out what the risks are. For example, if they are looking at iPad chargers, they might well assume that something carrying CE markings meets basic safety standards ...
After all, that is the law is it not ?


Which comes back to, has the OP reported this both to Trading Standards, and to eBay ?


I can see one area where eBay and others could be forced to improve things - and that would be to end the anonymity. At present, you can effectively start selling online without a lot of traceability. About all it needs is to have PayPal verify your bank account - which means anyone (Trading Standards or other authorities) having to go through at least two businesses (online market and payment processor) to get your real identity, and a third (the bank) to get your address. Given the constraints on funding, this means only "serious" cases will be progressed.
Similarly, it makes it difficult to take private action - to get the details of who to sue you need their details from the market operator - and they won't reveal that without a court order - which in turn needs you to have started proceedings, against an unknown respondent.
 
As I understand it (maybe incorrectly), it is already unlawful to import electrical goods into the EU which do not comply with relevant EU standards/regulations. If that is the case, then proper policing of that legislation would theoretically be all that would be needed. I'm not suggesting that it would be easy or practical to achieve anything approaching '100% policing', but I don;t think this is any less practical an approach than what BAS is suggesting.
Indeed, and once upon a time all it would have needed was a call to Trading Standards. These days TS just don't have the resources (in particular, the money to send items for specialist testing/review as would be needed for evidence to support a prosecution), so they will only tackle "serious" cases. In practice that means small one-man-bands can operate with impunity.
Quite so - but rectifying that situation would, IMO, be vastly more practical (and probably more effective) than attempting to pursue BAS's ideas.
I generally agree, however in many cases the average consumer doesn't have the skills or knowledge to work out what the risks are. For example, if they are looking at iPad chargers, they might well assume that something carrying CE markings meets basic safety standards ... After all, that is the law is it not ?
That is clearly the area where most robust policing would be highly desirable. As you say, the general public should be able to trust markings which are meant to be a guarantee of some degree of safety - so detecting and dealing with products which bear false markings should be a high priority. The required laws already exist.
I can see one area where eBay and others could be forced to improve things - and that would be to end the anonymity. ....
Maybe, but I'm not so sure that all that many people are currently 'taking advantage of' relative anonymity when seling dodgy products via eBay. The great majority of things I have bought through eBay from apparently commercial enterprises have arrived with some sort of Invoice, Delivery Note or other paperwork which at least appears to identify the supplier (could be false, of course). As for Amazon Marketplace (one of BAS's other targets), such paperwork seems almost inevitable, and I seriously doubt that Amazon would deal with a Marketplace supplier who was not fully identified (again, with some caveats about possible fake identities - although one might hope that Amazon would undertake some checks).

Kind Regards, John
 
If my car is stolen and then recovered by the police I have to pay to get it released from the police. So I am still responsible to some extent for my car even when stolen. That means I am careful to lock it and not to leave temptation in view.

If the internet sellers were fined when the people it controls do it wrong then they too will do what they can to stop wrong doings on their sites. I am not saying they can stop it just as I can't stop anyone stealing my car. But it would then give them the incentive to ensure fast response when wrong doings are reported.
 
If the internet sellers were fined when the people it controls do it wrong then they too will do what they can to stop wrong doings on their sites. I am not saying they can stop it just as I can't stop anyone stealing my car. But it would then give them the incentive to ensure fast response when wrong doings are reported.
People may disagree, but I think that both eBay and Amazon are already trying quite hard to weed out illegal products being sold via their sites, but with apparently multiple millions of transactions every day, it is clearly an almost unthinkable task. As Simon has already pointed out, UK legislation would not help, since neither of the companies trade from the UK, and, even if they could be fined under EU legislation, I'm not sure that the fines would make all that much difference - except, in one way or another, ultimately increasing the prices that end-purchasers had to pay.

Even though the scale would make it a complex (and expensive) business, some policing could be done simply on the basis of price. If an allegedly brand new, full spec and branded product is offered for sale (in quantity) at considerably less than its proper price, then common sense suggests that it's probably either fake or stolen - and, in either case, eBay/Amazon shouldn't really be wanting to be party to its sale.

Kind Regards, John
 
A view of the other side of the pcb would be useful. To see what they did with the data lines.
 
As promised, Masterplug charger from Sainsburys:
Think you have missed the point! It does not matter how cheap or badly constructed the item is what is in question is when it failed it exposed line terminals. Which if a child found before the home owner could be lethal.

I personally could not care less is a ebay item fails. What I am appalled at is it failed exposing line connections.
 

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